ADOPTION ACT - REPEALED — 1970 Pa. Act 208 (historical enacted text)

Historical Act text

SENATE AllENDED
PRIOR PRINTER'S NO. 3090
Printer's No. 3340
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE
No. 2302
BILL
Session of
1970
INTRODUCED BY llESSRS. KAUFMAN, FULMER, !IRS. ANDERSON,
llR. BERSON, HRS. KELLY, llESSRS. BERKES, SAVITT, McCLATCHY,
SPENCER, RENNINGER, BLAIR, SHERllAN, T. JOHNSON, LOTTY, MEBUS,
STECKEL
AND FINEMAN, JUNE 2, 1970
SENATOR BELL, JUDICIARY, IN SENATE, AS AllENDED, JULY B, 1970
AN ACT
Providing for the adoption of minors and adults and for the
termination of certain parent-child relationships; providing
for jurisdiction of courts; providing for recording of
foreign decrees of adoption; and containing provisions for
procedures, decrees and records in all matters relating
thereto.
TABLE OF CONTENTS
ARTICLE I
PRELIMINARY PROVISIONS
Section 101. Short Title
Section 102. Definitions
! Section 103. severability
l ARTICLE II
JURISDICTION; PARTIES
A. Jurisdiction
5 section 201. court
7 Section 202. Venue
9
B. Parties
9 Section 211. Who !lay Be Adopted

1 Section 212. Who May Adopt
2
ARTICLE III
3
PROCEEDINGS PRIOR TO PETITION TO ADOPT
4
A. Voluntary Relinquishment
5 Section 301. Relinquishment .to Agency
6 Section 302. Relinquishment to Adult Intending to Adopt Child
7 Section 303. Hearing
8
B. Involuntary Termination
9 Section 311. Grounds for Involuntary Termination
10 Section 312. Petition for Involuntary Termination
11 Section 313. Hearing
12
c. Decree of Termination
13 Section 321. Effect of a Decree of Termination
14
D. Report of Intention to Adopt;
15
Report of Intermediary; Investigation
16 Section 331. Report of Intention to Adopt
17 Section 332. Filing of Report
18 Section 333. Report of Intermediary
19 Section 334. Exhibits
20 section 335. Investigation
21
ARTICLE
IV
. ·=.
22
23
PETITION
FOR ADOPTION; CONSENTS
A. Petition
24 Section 401. Contents of Petition
25 Section 402. Exhibits
26
B. consents
27 Section
411.
Consents
Necessary to Adoption
28
Section
412.
Consents
Not
Naming Adopting
Parents
29
section
413. When
Consent
Not Required;
In General
30
Section 414.
When
Consent Not
Required;
Parent
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c. Hearings
Section 421. Notice
Section 422. Place of Hearing
Section 423. Attendance at Hearing
Section 424. Testimony; Investigation
Section 42S. Religious Belief
Section
S01.
section
S02.
Section
S03.
section
SOI!.
S<:>ction
sos.
section
S06.
section
S07.
Section
SOB.
Section
S09.
ARTICLE V
DECREE; EFFECT THEREOF; RECORDS
Time of Entry of Decree
Requirements and Form of Decree
Retention of Parental Status
Name of Adoptee
Impounding of Proceedings
Docket Entries
Report to the Department of Public Welfare
Certificate of Adoption
Foreign Decree
ARTICLE VI
REPEALERS; APPLICABILITY; PENDING
l PROCEEDINGS; EFFECTIVE DATE
Section 601. Repeals
? Section 602. Applicabili~y; Pending Proceedings
3 Section 603. Effective Date
' The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
5 ARTiaEI
7 PRELIMINARY PROVISIONS
B Section 101. Short Title.--This act shall be known and may
9
be cited as the "Adoption Act."
0 section 102. Definitions.--As used in this act:
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1
2
(1)
(2)
"Adoptee" means an individual proposed to be adopted.
"Agency" means any incorporated or unincorporated
3 organization, society, institution, or other entity, public or·
4 voluntary, which may receive or provide for the care of
5 children, supervised by the Pennsylvania Department of Public
6 Welfare and providing adoption services in accordance with
7 standards established by the department.
8 (3) "Clerk" means the clerk. of the division of the court of
9 common pleas having jurisdiction over voluntary relinguishment,
10 involuntary termination and adoption proceedings.
11
(4)
"Court" means the court of common pleas.
12 (5) "Intermediary" means any person or persons or agency
13 acting between the parent or parents and the pro'posed adoptive
14 parent or parents in arranging an adoption placement,
15 (6) "Parent" includes adoptive parent.
16 Section 103. Severability.~-If any provision of this act or
17 the application thereof to any person or circumstances is held
18 invalid, the remainder of this act and the application of such
19 provision to other persons or circumstances shall not be
20 affected thereby, and to this end the provisions of this act are
21 declared to be severable.
22 ARTICLE II
23 JURISDICTION; PARTIES
24
A. Jurisdiction
25 Section 201. Court.--The court of common pleas of each
26 county shall exercise through the appropriate division original
27 iurisdiction over voluntary relinquishment, involuntary
28 termination, and adoption proceedings.
29 Section 202. Venue.~-Proceedings for voluntary
30 relinquishment, involuntary termination and adoption may be
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l
brought in the court of the county where the petitioner or the
adoptee resides, or in the county in which is located an office
of an agency having custody of the child. Proceedings may also
be brought with leave of court in the county in which the
adoptee formerly resided.
B. Parties
Section 211. Who May Be Adopted.--Any individual may be
adopted, regardless of his age or residence.
Section 212. Who May Adopt.--Any individual may become an
adopting parent.
ARTICLE III
PROCEEDINGS PRIOR TO PETITION TO ADOPT
A. Voluntary Relinquishment
~ Section 301. Relinquishment to Agency.--When any child under
5 the age of eighteen years has been in the care.of an agency for
5 a minimum period of five days, the parent or parents of the
7 child may petition the court for permission to relinquish
~ forever all parental rights and duties with respect to their
9 child. The written consent of a parent or guardian of a
0 petitioner shall be required if he has not reached eighteen
1 years of age. The agency having the care of the child shall join
2 in the petition which shall contain the agency's consent to
3 accept custody of the child until such time as the child is
4 adopted.
5 Section 302. Relinquishment to Adult Intending to Adopt
6 Child.--When any child under the age of eighteen years has been
7 for a minimum period of thirty days in the exclusive care of an
B adult or adults who have filed a report of intention to adopt
9 required by section 331, the parent or parents of the child may
0 petition the court for permission to relinquish forever all
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1 parental rights to their child. The written consent of a parent
2 or guardian of a petitioner shall be required if he has not
3 reached eighteen years of age. The adult or adults having care
4 of the child shall file a separate consent to accept custody of
5 the child.
6 Section 303. Hearing.--Upon presentation of a petition
7 prepared pursuant to section 301 or section 302, the court shall
8 fix a time for hearing, which shall not be less than ten days
9 after filing of the petition. After hearing, which shall be
10 private, the court may enter a decree of termination of parental
11 riqhts in the case of their relinquishment to an adult or a
12 decree of termination of parental rights and duties in the case
13 of their relinquishment to an agency.
14 B. Involuntary Termination
15 Section 311. Grounds for Involuntary Termination.--The
16 riqhts of a parent in regard to a child may be terminated after
17 a petition filed pursuant to section 312, and a hearing held
18 pursuant to section 313, on the ground that:
19 (1) The parent by conduct continuing for a period of at
20 least six months either has evidenced a settled purpose of
21 relinquishing parental claim to a child, or has refused or
22 failed to perform parental duties; or
23 (2) The repeated and continued incapacity, abuse, neglect,
24 or ~efusal of the parent has caused the child to be without
25 essential parental care, control, or subsi~tence necessary for
26 his physical or mental well-being and the conditions and causes
27 of the incapacity, abuse, neglect, or refusal cannot or will not
28 be remedied by the parent; or
29 (3) The parent is the presumptive but not the natural father
30 of the child.
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Section 312. Petition for Involuntary Termination.--A
petition to terminate parental rights with respect to a,child
under the age of eighteen years may be filed by (i) either
parent when termination is sought with respect to the other
parent, (ii) an agency, or (iii) the individual having custody
or standing in loco parentis to the child and who has filed a
report of intention to adopt required by section 331. When the
petition is filed by a parent who is under the age of eighteen
it shall be joined in by at least one of the parents of such
petitioning parent, unless the court is satisfied that such
joinder would not be in the best interest of the petitioning
parent and would serve no useful purpose. A petition filed under
this section shall contain an averment that the petitioner will
assume custody of the child until such time as the child is
adopted.
Section 313. Hearing.--The court shall fix a time for
hearing on a petition filed under section 312 of this act which
shall be not less than ten days after filing of the petition. At
least ten days• notice shall be given to the parent or parents
whose rights are to be terminated by registered or certified
mail to his or their last known address or by such other means
! as the court may require. The natural mother shall be a
competent witness as to whether the presumptive father is the
I natural father of the child. After hearing, which may be
-; private, the court shall make a finding relative to the
5 pertinent provisions of section 311 and upon such finding may
7
enter a decree of termination of parental rights.
9 c. Decree of Termination
9 Section 321. Effect of a Decree of Termination.--A decree
O terminating all rights of a parent or a decree terminating all
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1 riqhts and duties of a parent entered by a court of competent
2 iurisdiction shall extinguish the power or the right of such
3 parent to object to or receive notic~ of adoption proceedings.
4 The decree shall award custody of the child to the agency or the
5 person consenting to· accept custody under section 301 or section
6 302, or the petitioner in the case of a proceeding under section
7 312. An agency or person receiving custody of a child shall
8 stand in loco parentis to the child and in such capacity shall
9 have the authority, inter alia, to consent to marriage, to
10 enlistment in the armed forces and to major medical, psychiatric
11 and surgical treatment, and to exercise such other authority
12 concerning the child as a natural parent could exercise.
13 D. Report of Intention to Adopt;
14 Report of Intermediary; Investigation
15 Section 331. Report of Intention to Adopt.--Every person now
16 having or hereafter receiving or retaining possession, custody
17 or control of any child, for the purpose or with the intention
18 of adopting a child under the age of eighteen years shall report
19 to the court in which the petition for adoption will be filed.
20 The report shall set forth the circumstances surrounding the
21 persons receiving or retaining possession, custody or control of
22 the child; the name, sex,, racial background, age, date and place
23 of birth, and religious affiliation of the child; the name and
24 address of the intermediary; the fee or expenses paid or to be
25 paid to the intermediary and the name and address of the person
26 or persons making the report. When a person receives or retains
27 possession, custody or control of a child from an agency the
28 report shall set forth only the name and address of the agency,
29 and the circumstances surrounding such person's receiving or
30 retaining possession, custody or control of the child. No report
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shall be required when the child is the chiid, grandchild,
stepchild, brother or sister of the whole or half blood, or
niece or nephew by blood or marriage of the person receiving or
retaining possession, custody or control.
Section 332. Filing of Report.--The report required b.y
section 331 shall be filed within thirty days after the date of
receipt of the possession, custody or control of the child.
Section 333. Report of Intermediary.--The intermediary who
or which arranged the adoption placement of any child under the
age of eighteen years shall make a written report under oath to
the court in which the petition for adoption will be filed, and
shall thereupon forthwith notify in writing the adopting parent
or parents of the fact that such report has been filed and the
date thereof. The report shall set forth:
(1) The name and address of the intermediary;
(2) The name, sex, racial background, age, date and place of
birth, and religious affiliation of the child;
(3) The date of the placement of the child with the adopting
parent or parents~
(4) The name, racial background, age, marital status as of
the time of birth of the child and during one year prior
thereto, and religious affiliation of the parents of the child
(or of the mother only in the case of an illegitimate child);
(5) Identification of proceedings in which any decree of
; termination of parental rights, or parental rights and duties,
; with respect to the child was entered;
1 (6) The residence of the parents or parent of the child, if
3 there has been no such decree of termination;
~ (7) A statement that all consents required by section 411
J (3), (4) and (5), are attached as exhibits or the basis upon
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1 which such consents are not required;
2 (8) The fee or expenses paid or.to be paid to or received by
3 the intermediary or to or by any other person or persons to the
I
4 knowledge of the intermediary by reason of the adoption
5 placement;
6 (9) A full description and statement of the value of all
7 property. owned or possessed by the child; and
8 (10) A statement that no provision of any act regulating the
9 importation of dependent, delinquent or defective children has
10 been violated with respect to the placement of the child.
11 Section 334. Exhibits.--The report of the intermediary shall
12 have attached to it the following exhibits:
13 (1) A birth certificate or certification of registration of
14 birth of the chil~;
15 (2) All consents to adoption required by section 411 (3),
16 (4) and (5);
17 (3) A certified copy of any decree of termination.made by a
18 court other than the court in which the petition for adoption
19 will be filed.
20 Section 335. Investigation.--When a report required by
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27
28
29
30
section 331 has been filed, the court shall cause an
investigation to be made by one of the following: a local public
child care agency, with its consent, a voluntary child care
agency, or an appropriate person designated by the court. In
lieu of such investigation, the court may accept an
investigation made by the agency which placed the child, and the
report of investigation in such cases may be incorporated into
the. reporf of the intermediary required by section 333. Th.e
investigation shall cover all pertinent information regarding
the sui~bility of the placement, including the age, sex,
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health, antecedents and eligibility for adoption of the child,
and the age, health, social and economic status of the adopting
parents. The court may establish procedure for the payment of
investigation costs.
ARTICLE IV
PETITION FOR ADOPTION; CONSENTS
A.
Petition
Section qo1. contents of Petition.--A petition for adoption
shall set forth:
(1) The full name, residence, marital status, age,
occupation, religious affiliation and racial background of the
adopting parent or parents and their relationship, if any, to
the adoptee;
(2) That the reports under sections 331 and 333, have been
fil~d, if required;
(3) The name and address of the intermediary, if any;
(qi The full name of the adoptee and the fact and length of
time of the adoptee's residence with the adopting parent or
parents;
(5) If there is no intermediary, or if no report of the
intermediary has been filed, or if the adoptee is over the age
of eighteen years, all vital statistics and other information
enumerated and required to be stated of record by section 333,
so far as applicable;
(6) If a change in name of the adoptee is desired, the new
name;
(7) That all consents required by section q11 (1) and (2)
l are attached as exhibits, or the basis upon which such consents
3 are not required;
J (8) That it is the desire of the "petitioner or the
11

1 petitioners that the relationship of parent and child be
2 established between him, her or them and the adoptee.
3 Section 402. Exhibits.--The petition shall have attached t,o
4 it the following exhibits:
5 (1) The consent or consents required by section 411 (1) and
6 (2) ;
7 (2) If not already filed with a report of an intermediary,
8 the exhibits enumerated in section 334.
9 B. Consents
10 Section 411. Consents Necessary to Adoption.--Except as
11 otherwise provided in this act, consent to an adoption shall be
12 required of the following:
13 (1) The adoptee, if over twelve years of age;
14 (2) The adopting parent's spouse, unless they join in the
15 adoption petition;
16 (3) The parents or surviving parent of an adoptee who shall
17 not have reached the age of eighteen years. If any such parent
18 or surviving parent shall be a,minor, but shall have reached the
19 age of eighteen years, his consent shall be sufficient without
20 the consent of his parent or guardian, and such consent shall
21 have the same force and validity as though he were an adult. In
22 the case of an illegitimate child, the consent of the mother
, ..
23 only shall be necessary. The consent of the natural father of a
24 child who was illegitimate at birth shall be required only if
25 the relationship between mother and child was terminated by a
26 decree entered after the marriage of the mother and the natural
27 father. The consent of the husband of the mother shall not be
28 necessary if, after notice to the husband, it is proved to the
29 satisfaction of the court by evidence, including testimony of
30 the natural mother, that the husband of the natural mother is
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not the natural father of the child. Absent such proof, the
consent of a former husband of the natural mother shall be
required if he was the husband of the natural mother at any time
within one year prior to the birth of the adoptee; _
(4) The agency to which custody of the child has been
awarded under Article III;
(5) The guardian of the person of an adoptee under the age
of ~iqhteen years, if any there be, or of the person or persons
having the custody of such adoptee, if any such person can be
found, whenever the adoptee has no parent whose consent is
required.
Section 412. Consents Not Naming Adopting Parents.--A
consent to a proposed adoption meeting all the requirements of
this act but which does not name or otherwise identify the
adopting parent or parents shall be valid if it contains a
statement that it is voluntarily executed without disclosure of
the name or other identification of the adopting parent or
parents.
Section 413. When Consent Not Required; In General.--The
court, in its discretion, may dispense with consents other than
that of the adoptee to a petition for adoption when:
(1) The adoptee is over eighteen years of age and has lived
with one or both of the a~opting parents for at least three
continuous years; or
; (2) The adoptee is twenty-one years of ~ge or older; or
5 (3) The adoptee is under eighteen years of age and has no_
7 parent living whose consent is required.
3 Section 414. When Consent Not Required; Parent.-~consent of
g a parent to adoption shall not be required if a decree of
O termination with regard to such parent has been entered. When
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parental rights have not previously been terminated, the court
may find that consent of a parent of the adoptee is not required
if, after hearing as prescribed in section 313, the court finds
that grounds exist for involuntary termination under section
311.
c. Hearings
Section 421. Notice.--The court shall fix a time and place
for hearing. Notice thereof shall be given to all persons whose
required consent has not been obtained and to such other persons
as the court shall direct. Notice to the paren~ or parents of
the adoptee, if required, may be given by the intermediary or
someone actinq on his behalf. Notice shall be by personal
service or by registered or certified mail to the .last known
address of the person to be notified or in such other manner as
the court shall direct.
Section 422. Place of Hearing.--The hearing shall be private
or in open court as the court deems appropriate.
Section 423. Attendance at Hearing.--The follewia~ mast
<
appear ia persea er sy taeir represeatative ADOPTING PARENT OR <
PARENTS AND THE ADOPTEE MUST APPEAR AT and, if required, testify
at the hearing under oath unless the court determines their
presence is unnecessary; IN ADDITION THE COURT MAY REQUIRE THE <
APPEARANCE AND TESTIMONY OF ALL PERSONS OR AGENCIES WHOSE
CONSENT IS REQUIRED BY THIS ACT OR WHO HAVE ACTED AS AN
INTERMEDIARY IF SUCH APPEARANCE OR TESTIMONY WOULD BE NECESSARY
OR HELPFUL TO IT.
~J All ~erse&s er a~easies waese seaseat is £e~ai£ea sy
tais ast1 aaa
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<

('I) A11y pe£se11 0£ a<je11sy astiR'f as ae i11te£11eilial'jT
Sectioq 424~ Testimony~ IQvestigation.--The court shall hear
testimony in support of the petition and such additional
I
testimony as it deems necessary to inform it as to the
desirability of the proposed adoption. It shall require a
disclosure of all costs and fees of any type paid or to be paid
to any person or institution in connection with the adoption,
including the fees of any intermediary. It alsq shall make or
cause to be m~de an investigation by a person or public agency
or, with its consent,-a voluntary agency, specifically
designated by the court to verify the statements of the petition
and such other facts that will give the court full knowledge of
the desirability of the proposed adoption. It may rely in whole
or in part upon a report earlier made under section 335 of this
act. The court may establish a procedure for the payment of
investigation costs by the petitioners or by such other persons
as the court may direct.
Section 425. Religious Belief.~-whenever possible, the
adopting parents shall be of the same religious faith as the
natural parents of the adoptee. No person shall be denied the
benefits of this act because of a religious, belief in the use of
spiritual means or prayer for healing.
ARTICLE V
DECREES; EFFECT THEREOF; RECORDS
Section 501. Time of Entry of Decree.--Unless the court for
cause shown determines otherwise, no decree of adoption shall be
entered unless the adoptee shall have resided with the
petitioner for at least six months prior thereto, or in lieu of
such residence, the adoptee is at least eighteen years of' age or
is related by blood or marriage to the petitioner.
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1 Section 502. Requirements and Form of Decree.--If satisfied
2 that the statements made in the petition are true, and that the
3 welfare of the person proposed to be adopted will be promoted by
4 such adoption, and that all requirements of this act have been
5 met, the court shall enter a decree so finding and directing
6 that the person proposed to be adopted shall have all the rights
7 of a child and heir of the adopting parent or parents, and shall
8 be subject to the duties of a child to him or them. In any case
9 in which the petition is withdrawn or dismissed, the court shall
10 enter an appropriate order in regard to the custody of the
11 child.
12 Section 503. Retention of Parental Status.--Whenever a
13 parent consents to the adoption of his child by his spouse, the
14 parent-child relationship between him and his child shall remain
15 whether or not he is one of the petitioners in the adoption
16 proceeding.
17 Section 504. Name of Adoptee.--If requested by the
18 petitioners, the decree may provide that the adoptee shall
19 assume the name of the adopting parent or parents and any given
20 first or middle names that may be chosen.
21 Section 505. Impounding of Proceedings.--All petitions,
22 exhibits, reports, notes of testimony, decrees, and other papers
23 pertaining to any proceeding under this act, or under the act of
24 April 4, 1925 (P.L.127), entitled "An act relating to Adoption,"
25 shall be kept in the files of the court as a permanent record
26 thereof and withheld from inspection except on an order of court
27 qranted upon cause shown.
28 Section 506. Docket Entries.--upon the filing of any decree
29 under this act the clerk shall enter on the docket an entry
30 showing the date of the decree. Information identifying the
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natural parents shall not be entered on the docket.
section 507. Report to the Department of Public
Welfare.--When a decree of adoption has been entered, the clerk
shall so report to the Department of Public Welfare, on forms
supplied by the department, which the department shall keep in
confidential files. Information identifying the natural and
adopting parents shall not be required.
Section 508. Certificate of Adoption.--The clerk shall issue
to the adopting parent or parents a certificate reciting that
the court has _granted the adoption. The certificate shall not
disclose the name of any natural parent or the original name of
the person adopted. The certificate shall be accepted in any
legal proceedings in the Commonwealth, as evidence of the fact
that the adoption has been granted.
Section 509. Foreign Decree.--when a decree of adoption of a
minor is made or entered in conformity with the laws of another
state or a foreign country whereby a child is adopted by a
resident of this Commonwealth, .a copy of the final decree,
properly authenticated, may be filed with the clerk in the
county of residence of the adopting parents. The decree and such
other documents as may be filed therewith shall be kept in the
...
files of the court as a permanent record thereof, and shall be
withheld from inspection except on order of court granted upon
cause shown. Upon the filing of a foreign decree of adoption,
the clerk shall enter upon the docket an entry showing the
foreign court, identification of the proceedings therein and the
date of the decree. After the decree has been filed, the clerk
shall make a report thereof to the Department of Public Welfare
on a form supplied by the department, which the department shall
keep in confidential files.
I
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1 Information identifying the natural parents shall not be
2 required.
3 ARTICLE VI
REPEALERS;
APPLICABILITY;
4
5
PENDING PROCEEDINGS; EFFECTIVE DATE
6 Section 601. Repeals.--(a) The act of April 4, 1925
7 (P.L.127), entitled "An act relating to Adoption," is hereby
8 repealed absolutely.
9 (b) All other acts and parts of acts are repealed in so far
10 as they are inconsistent herewith.
11 Section 602. Applicability; Pending Proceedings.--(a) This
12 act shall apply to all proceedings begun on or after J4nuary 1,
13 1971.
14 (b) Adoption proceedings in progress and not completed
'·
15 before the effective date of this act may be amended after
16 January 1, 1971.to conform to this act if the parties in the
17 particular case shall so agree. Otherwise, such proceedings
18 shall be carried to their conclusion under the act of April 4,
19 1925 (P.L.127), entitled "An act relating to Adoption."
20 Section 603. Effective Date.--This act shall take effect
21 January 1, 1971.
E1L23JR/19700H2302B3340
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